A prenuptial agreement is nothing more than a contract made prior to marriage. On the other hand a post-nuptial agreement is a contract after marriage. The prenup sets out certain terms regarding property, debt and other assets, in the event of divorce. While mainly used to protect an individual’s assets acquired prior to the marriage, other things can be contracted. This includes how property acquired after the marriage is handled in the event of divorce. Call our Tulsa prenuptial agreements attorney for more information regarding prenuptial agreements.
The important thing to note about the agreements is they don’t go into effect immediately upon a divorce filing. Like any other contract, they are contestable. Often times whether or not these agreements are valid becomes the main source of litigation in highly contestable divorces.
The best way to enforce the agreement in court is to provide full disclosure to the other party. This disclosure includes full disclose of all pre-marital debts and assets. This includes bank accounts, monetary accounts, personal property and other assets and liabilities. The drafting attorney will this incorporate this language and supporting documentation into the actual agreement. The agreement generally fails if a party knowingly fails to make full disclosure at a divorce proceeding. When drafting the prenuptial both parties should have separate attorneys advising them individually.
More Considerations in Enforcing Prenuptial Agreements:
Parties entering into agreements should also take caution in comingling assets, disclosed as protected property. For example, if one party owns a business as a sole proprietorship and brings in their spouse to the business, it no longer exists as a sole proprietorship. This would defeat the purpose of the prenuptial agreement, making that provision of the agreement invalid and potentially making the whole document invalid as well. Another potential hazard after entering into such an agreement includes the fact that money acquired during the marriage through employment is a joint venture of the parties. If parties use this money to invest in declared premarital property such as stocks, property or even debts; then again the potential risk declaring the agreement exists because the party seeking to enforce the terms of the agreement has not commingled this asset with the marital assets.
Contact a Tulsa Prenuptial Agreements Attorney:
If you have questions regarding a prenuptial or post-nuptial agreement, call our Tulsa prenuptial agreements attorney today. Get the legal edge you deserve while you get a Free consultation. Our attorneys can answer any questions you have regarding protecting your assets in the event your marriage ends in divorce.
- Child Relocation Laws in Oklahoma Custody
- Child Abuse Charges During Divorce in Tulsa
- Family Lawyers in Tulsa Discuss Threats by Phone During Divorce
- Protective Orders in Divorce
- Oklahoma Common Law Marriage and Divorce
- Dividing Debts in Tulsa Divorce
- Paternity Testing Discussed by Tulsa Family Lawyers
- Tulsa Lawyers Discuss Genetic Testing in Paternity
- Tulsa lawyers Discuss Guardianship by Power of Attorney
- Relocating Out of State With Children After Tulsa Divorce
- Oklahoma Same Sex Step Parent Adoptions
- Explanation of Protective Orders
- Family Emergency Custody in Oklahoma
- Marital and Separate Property in Divorce
- Oklahoma Alimony Information
- Some Facts about Divorce in Tulsa
- Mediation in Tulsa Divorce and Family Law
- Explanation of Temporary Injunction
- Alimony and Tulsa Divorce
- How To Change Your Childs Name in Tulsa
- Where Do I File Divorce Tulsa Oklahoma?
- Tulsa High Conflict Divorce Attorneys
- Grandparents Rights in Family Law
- Who Gets Your Inheritance in a Tulsa Divorce?
- Relocating With Your Child After Divorce
- Oklahoma Child Support How Much You Pay
- Prenuptial Agreements
- Step-Parent Adoption
- Temporary Guardianship Through Power of Attorney
- Same Sex Child Custody
- Uncontested Divorce
- How Long it Takes For a Tulsa Divorce
- Tulsa Divorce and Child Support
- Divorce and Child Custody
- Oklahoma Same Sex Divorce
- Family Lawyers Discuss Divorce and Paternity
- Child Support Attorneys in Tulsa
- Mediation and Tulsa Divorce
- Child Custody and Child Preference
- Where Do I File Divorce in Tulsa
- Family Attorney Discusses Divorce Process in Tulsa
- New Divorce Requirements for Oklahomans
- Tulsa Child Custody Attorneys